Understanding Maryland’s Lead Paint Laws & Protecting Children

Lead exposure remains one of the most serious environmental health threats for young children in Maryland. Although the use of lead-based paint was banned nationwide in 1978, many homes and rental units built before that year still contain hazardous lead paint. If that paint is chipping, peeling, or disturbed during renovations, it can create lead dust that children can breathe or swallow — with lifelong consequences. Lead poisoning is linked to learning and behavioral problems, reduced IQ, hearing loss, and other serious health impacts.

What Maryland’s Laws Require

Maryland has strong state laws designed to prevent lead poisoning, especially among children under age six — the age group most vulnerable to lead’s effects. Here’s how the law works:

Rental Properties Built Before 1978

Nearly all pre-1978 rental dwellings in Maryland are considered “Affected Properties” and must comply with the state’s Reduction of Lead Risk in Housing Act. Before a landlord can rent one of these units, they must:

  • Register the property with the Maryland Department of the Environment.
  • Perform lead risk reduction treatments that address peeling or deteriorating paint.
  • Obtain a passing lead risk reduction certificate from an MDE-accredited inspector.
  • Provide tenants with required information, including a state “Notice of Tenant’s Rights” and the federal “Protect Your Family From Lead In Your Home” pamphlet.

Landlords must also act promptly if they receive notice of lead hazards or a child with elevated blood lead levels, including relocation or corrective work when necessary.

Use of Lead Paint Is Illegal

It is unlawful in Maryland to apply lead-based paint to interior surfaces, exterior surfaces commonly accessed by children, porches, or household items. Violations may result in fines and penalties.

Renovation and Repair Standards

Federal law also requires that contractors and landlords performing work on homes built before 1978 follow lead-safe work practices during renovations that disturb painted surfaces. Certified firms must provide specific lead hazard information before work begins.

What Parents and Caregivers Should Know

All children in at-risk areas or receiving medical assistance must be tested for lead at 12 and 24 months. Children up to age six who lack previous testing should also be tested. Early detection is critical because lead poisoning often shows no obvious symptoms initially.

What to Do If You’re Concerned

If you suspect your home has deteriorating paint or lead hazards:

  • Ask your landlord for the current lead risk reduction certificate.
  • Request that chipping or peeling paint be fixed promptly.
  • Contact your child’s doctor for a blood lead test if you believe they may have been exposed.
  • Reach out to MDE or local health departments for support and enforcement help.

The experienced team of attorneys at O’Brien Law have developed an effective and results-driven process for lead litigation. If you would like to speak to a lead litigation attorney about how you may be entitled to pursue compensation for lead poisoning, contact our office today.